Veolia Recycling And Recovery Pty Ltd

[2024] FWCA 2839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling And Recovery Pty Ltd

(AG2024/2384)

VEOLIA RECYCLING AND RECOVERY PTY LTD WASTE MANAGEMENT (DRIVERS) GIPPSLAND ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER MIRABELLA	MELBOURNE, 7 AUGUST 2024

Application for approval of the Veolia Recycling and Recovery Pty Ltd Waste Management (Drivers) Gippsland Enterprise Agreement 2024.

Veolia Recycling And Recovery Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Recycling and Recovery Pty Ltd Waste Management (Drivers) Gippsland Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 2 April 2024 and the Agreement was made on 14 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 August 2024 and, in accordance with s.54, will operate from 14 August 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Recycling and Recovery Pty Ltd applied to the Fair Work Commission for approval of the Veolia Recycling and Recovery Pty Ltd Waste Management (Drivers) Gippsland Enterprise Agreement 2024. The matter was brought before the Commission by the company seeking to have the proposed enterprise agreement approved under the Fair Work Act 2009. The dispute centred on the provisions of the proposed agreement, which aimed to regulate employment terms and conditions for drivers employed by the company in the Gippsland region.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for approval as set out in the Fair Work Act. The Commission had to consider whether the agreement met the criteria for being a "registered agreement" as defined by the Act, including whether it provided for the registration of the agreement and the establishment of a bargaining body. Furthermore, the Commission needed to assess whether the agreement was in the best interests of the employees, taking into account factors such as the impact on wages, working conditions, and dispute resolution mechanisms.

In determining the matter, the Commission examined the proposed agreement in detail. It found that the agreement contained all the necessary provisions for registration and met the requirements for being a "registered agreement." The Commission also concluded that the agreement was in the best interests of the employees, as it provided for fair wages, reasonable working conditions, and effective dispute resolution mechanisms. Therefore, the Commission approved the proposed agreement, finding it to be in compliance with the Fair Work Act and in the best interests of the employees.

Consequently, the Fair Work Commission approved the Veolia Recycling and Recovery Pty Ltd Waste Management (Drivers) Gippsland Enterprise Agreement 2024, ensuring its registration under the Fair Work Act and its enforceability as a binding agreement between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established